The people’s procuracy is a transplanted Soviet-style institution in Vietnam, which currently exercises the public prosecution function along with the supervision of judicial activities. Debates about the procuracy’s role and function started as early as when the 1992 Constitution of the Democratic Republic of Vietnam (1992 Constitution) was drafted and they were facilitated by the judicial reform policies. In the process of revising the 1992 Constitution, heated debates on the procuracy continued. The subject of these debates included almost every fundamental aspect of the procuracy such as its institutional location, functions, duties, organization, and operation. This article reviews the constitutional debates concerning the procuracy between 2011 and 2013. It analyzes and compares the developments of the debates in this period with those that had occurred in the past, highlighting, in particular, key issues that remain unresolved. It argues that the controversy surrounding the procuracy reflects the legal and political complexities in Vietnam, especially the lack of agreement on institutional issues such as the rule of law, socialist legality, and control of powers.
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